Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-08-29
HOPE FOR SHARP.

New York's Conyicted BoSdler Granted
Stay of Proceedings by john Potter
"A New Trial to BE Asked.
f New York, Aug. 25-Judge Potter at,
Whitehall has granted stay in the.
Sharp case. The judge said there was
reasonable doubt that the judgment,
reached should stand and he orders q
stay in the execution of such judgment
until an appeal shall be decided by tie
general term. 1t is said this Will give.
him new trial and may almlt him to-
bail. Judge Potter in his decision says J.
Having become impressed With the
clear conviction that the trial court fell
into error in the admission of some of
the evidence offered by the prosecution,
and that for those errors the appellate
court must grant the defendant new.
trial, have not examined the evidence
eny further than that 10 had some re-
Iation to the objections and exceptions
to the evidence received upon the trial
and the charge of the trial Judge. /
have been called upon to examine the
charge, and am quite free to- say that
the charge is remarkably clear, fair and
faultless except representing for con-
lsiderRtion OF the jury those portions of
the evidence which think were erron.
eously received upon the trial. In my
opinion important evidence was received
upon the trial in these respects:
FIrst-Testimony given by the desen-
dant before the railroad committee of
the senate authorized to investigate the
the means and methods need TO obtain
the consent OF the local authorities to
construct q Broadway surface railroad.
Second-The fact Of the absence OF
persons charged in the indictment with
defendant with ths crime OF bribery and
their sojourn in Canada as the excuse Of
their non-production as witnesses
against the defendant By the proge-
ention.
Third-The opinion or supposition OF
the witness Miller as to the motive or
purpose of Delacy when he handed
Miller the SIS 600. The testimony OF the
defendant was taken before the senate
committee under resolution passed by
| the senate.
The testimony given by the defendant
| in answer to questions put to him by the
senate committee and its counsel was
received in evidence over objection and
exception upon the trial OF the indict-
ment OF the defendant for bribery of the
board OF aldermen to construct the
1 Boardway railroad. I am very desidsd-
ly OF the opinion that the court erred IL
the admission OF such testimony. The
trule at common law, and before the
adoption OF the constitution OF the
4 United States, or that OF the state, wa.
thst witness should not be obliged tt
give evidence which conld be uset
| against himself IN any criminal trial.
4 The news OF the decision reached ths
city about noon, and created no littl,
excitement. MIR, Sharp read the Motif
cation OF the deciuion without showing
Iany signs of emotion or making an,
comments upon it. Mr.. Sharp thel
handed it to his wife, who read it an,
seemed to be delighted ct the news.
BouIke Cochran stated that the cas-
could not come mp now until the genera
term next October. An application vii
ct once be made to have Sharp reiease
on bail by some Judge OF the superio
court. 1t is believed that the questio
of bail will be- argued before Judg
: Potter. Some days ago Mr.. Nicoll saii
!, lspeaking for MIR. Marine, that the latte
, would strenously oppeae any motion
, admit Sharp to bail in case of sue
: magnitude where time and expense ha
: bsen spent in securing 6 conviction
? Amy judge in. the state can be CALLED uI
on by the defenae to fix bail. III
prosecution is obliged to appear Oh
Q argue the case. District Attorney Ma
r. tine said tonight:
Il He had anticipated that stay won
be granted. Several days ago he appl
:. ed to Gpv. Hill asking him, in case
>. stay wsls granted to convene an extrao
dinary session of the general term, viii,
% would allow arguments in the case to
!. heard at once. III Sharpe lawyers sl
N that he be admitted TO bail, Mr.. Martil
q will demand that bail be fixed at 81 90,
Ie 900.
HhBckinx Inhumanify
o. Atlanta, Ga. August 26r The conv
;h leaee system of Georgia appsars to
l. dnnrnfd By an axsHptiva srfey aiun